State of Minnesota Department of Public Safety 2018-2020 Affirmative Action Plan

 
State of Minnesota Department of Public Safety 2018-2020 Affirmative Action Plan
This document is made available electronically by the Minnesota Legislative Reference Library
    as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

State of Minnesota

Department of Public Safety

2018-2020 Affirmative Action Plan
                                                                       Minnesota Department of Public Safety
                                                                                        445 Minnesota Street
                                                                                          St. Paul, MN 55101
                                                                                                651-201-7000
                                                                                          TTY: 651-282-6555
                                                                       https://dps.mn.gov/pages/default.aspx

 As requested by Minnesota Statute 3.197: This report cost approximately $6,000 to prepare, including
                                                             staff time, printing and mailing expenses.

Upon request, this material will be made available in an alternative format such as large print, Braille or audio
recording.
State of Minnesota Department of Public Safety 2018-2020 Affirmative Action Plan
Table of Contents
Executive Summary..................................................................................................................................... 3
Organizational Profile ................................................................................................................................. 4
Statement of Commitment ......................................................................................................................... 5
Individuals Responsible for Directing/Implementing the Affirmative Action Plan .................................... 6
    A. Commissioner ................................................................................................................................... 6
    B. Affirmative Action Officer ................................................................................................................. 7
    C. Human Resources Director ............................................................................................................... 8
    D. Americans with Disabilities Act Title I and II Coordinator ................................................................ 9
    E. Directors, Managers, and Supervisors ............................................................................................ 10
    F. All Employees .................................................................................................................................. 11
Communication of the Affirmative Action Plan ........................................................................................ 12
    Internal Methods of Communication ................................................................................................. 12
    External Methods of Communication................................................................................................. 12
Underutilization Analysis and Affirmative Action Goals ........................................................................... 14
    Availability:.......................................................................................................................................... 15
Separation and Retention Analysis by Protected Groups ........................................................................ 21
    Women................................................................................................................................................ 21
    Minorities ............................................................................................................................................ 22
    Individuals with Disabilities................................................................................................................. 22
Program Objectives, Identified Barriers, and Corrective Action to Eliminate Barriers ............................ 24
Methods of Auditing, Evaluating, and Reporting Program Success ......................................................... 28
    Pre-Employment Review Procedure/Monitoring the Hiring Process ................................................. 28
Appendix ................................................................................................................................................... 31
    Pre-Hire Review Procedure ................................................................................................................. 31
    Statewide Harassment and Discrimination Prohibited Policy, HR/LR Policy # 1436 .......................... 33
    Policy Prohibiting Discrimination and Harassment and Complaint Procedures ................................ 39
    Discrimination/Discriminatory and Sexual Harassment Policy No. 1502 ....................................... 40
    Department of Public Safety Formal Complaint of Alleged Employee Misconduct Form ................. 45
    Statewide HR/LR Policy #1329: Sexual Harassment Prohibited ......................................................... 46
    General Harassment/Inappropriate Workplace Conduct Policy No. 1501 ........................................ 52
    Investigation and Resolution of Employee Misconduct Policy No. 1002 ........................................... 56
    Employee Conduct Policy No. 4063 .................................................................................................... 65
    Reasonable Accommodation Policy No. 1511 ................................................................................ 72
    Reasonable Accommodation Procedure No. 151 ........................................................................... 74
    Statewide HR/LR Policy #1433: ADA Reasonable Accommodation Policy ......................................... 77
    Evacuation Procedure for Individuals with Disabilities or Otherwise in Need of Assistance ............. 90
    Utilization Analysis Tables and Two-Factor Worksheets .................................................................... 93
    Separation Analysis Tables.................................................................................................................. 96

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 2
Executive Summary
This Affirmative Action Plan (“Plan”) meets the requirements set forth in Minnesota Statute, Chapter
43A, et seq. and Minnesota Administrative Rules, Chapter 3905, et seq. The Plan contains affirmative
action goals and timetables, as well as reasonable and sufficiently assertive hiring and retention methods
for achieving these goals.

A review of the Department of Public Safety’s (“Department”) workforce revealed underutilization of
the following protected group(s) in the following job categories:

Table 1: Underutilization Analysis of Protected Groups

                Job                       Women              Racial/Ethnic         Individuals with
             Categories                                       Minorities             Disabilities
  Officials & Administrators

  Professionals                                                                            X

  Protected Services: Sworn                   X                                            X

  Protected Services: Non-sworn               X                    X

  Administrative Support

  Technicians                                 X                    X

  Service Maintenance

Once approved, information about how to obtain or view a copy of the Plan will be provided to its
employees. Our intention is that every employee is aware of the Department’s commitments to
affirmative action and equal employment opportunity. The Plan will also be posted on the Department’s
external website and internal intranet. The original, signed copy of the Plan will be maintained in the
Internal Affairs/Affirmative Action office, which is located at 445 Minnesota Street, Suite 530, St. Paul,
Minnesota 55101.

Affirmative Action Officer or Designee:                                      Date Signed: July 31, 2018

Human Resources Director or Designee:                                        Date Signed: July 31, 2018

Commissioner or Department Head:                                             Date Signed: July 31, 2018

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 3
Organizational Profile
The Minnesota Department of Public Safety is a diverse, complex department of state government
where employees share one common mission — to keep Minnesotans safe. In total, about 2,100
employees operate programs in law enforcement, emergency management, traffic safety, alcohol and
gambling enforcement, emergency communications, crime victim assistance, fire safety, pipeline
safety, driver licensing, and vehicle titling and registration.

In cooperation with local and nonprofit agencies all over Minnesota, the Department’s staff promotes
the principles of prevention, preparation, response, recovery, public education and enforcement. They
help prevent crimes and disasters wherever we can. We help Minnesotans prepare for emergencies
that cannot be prevented. And the Department is there to coordinate disaster response from the first
sirens to the disaster declarations, and on through the last federal grants that help with the final steps
to recovery.

Our public education programs influence personal behavior to reduce traffic deaths, fires and arson,
and they help crime victims navigate the criminal justice system. We teach residents and businesses to
protect our underground pipelines, and teach responders what to expect in an oil-train accident. We
patrol Minnesota roads to protect our motorists and enforce our laws, and we provide world-class lab
and investigative services to law enforcement agencies statewide. The Department licenses gaming
facilities and alcohol retailers to protect our consumers, and we interact with every Minnesotan who
drives or registers a vehicle.

Our staff is always on the job somewhere, 24 hours a day, in every part of the state.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 4
Statement of Commitment
This statement reaffirms the Department’s commitment to Minnesota’s statewide affirmative action
efforts and providing equal employment opportunity to all employees and applicants in accordance
with equal opportunity and affirmative action laws.

I affirm my personal and official support of these policies which provide that:

   •   No individual shall be discriminated against in the terms and conditions of employment,
       personnel practices, or access to and participation in programs, services, and activities, or
       subject to harassment, on the basis of race, sex (including pregnancy), color, creed, religion,
       age, national origin, sexual orientation, gender expression, gender identity, disability, marital
       status, familial status, status with regard to public assistance, or membership or activity in a
       local human rights commission.
   •   The prohibition of harassment on the basis of sex includes sexual harassment.
   •   This Department is committed to the implementation of the affirmative action policies,
       programs, and procedures included in this plan to ensure that employment practices are free
       from discrimination. Employment practices include, but are not limited to the following: hiring,
       promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary
       action, termination, rates of pay or other forms of compensation, and selection for training,
       including apprenticeship. We will provide reasonable accommodation to employees and
       applicants with disabilities.
   •   This Department will continue to actively promote a program of affirmative action, wherever
       minorities, women, and individuals with disabilities are underrepresented in the workforce, and
       work to retain all qualified, talented employees, including protected group employees.
   •   This Department will evaluate its efforts, including those of its directors, managers, and
       supervisors, in promoting equal opportunity and achieving affirmative action objectives
       contained herein. In addition, this Department will expect all employees to perform their job
       duties in a manner that promotes equal opportunity for all.
It is the Department’s policy to provide an employment environment free of any form of discrimination
or harassment as prohibited by federal, state, and local human rights laws. I strongly encourage
suggestions as to how we may improve. We strive to provide equal employment opportunities and the
best possible service to all Minnesotans.

Commissioner:                                                               Date Signed: July 23, 2018

Deputy Commissioner:                                                        Date Signed: July 30, 2018

Assistant Commissioner:                                                     Date Signed: July 30, 2018

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 5
Individuals Responsible for Directing/Implementing the Affirmative
Action Plan
A. Commissioner
Responsibilities
The Commissioner is responsible for establishing an Affirmative Action Plan (“Plan”), including goals,
timetables and compliance with all federal and state laws and regulations.

Duties

The duties of the Commissioner shall include, but are not limited to, the following:

   •     Appoint the Affirmative Action Officer or designee and include accountability for the
         administration of the Department’s Plan in his or her position description.
   •     Ensure that those designated personnel responsible for all Plan components are given the
         necessary authority and top management support and staffing to successfully implement their
         assigned responsibilities.
   •     Take action, if needed, on complaints of discrimination and discriminatory harassment.
   •     Support decisions and changes in policies, practices, and procedures that enable the Department
         to effectively implement affirmative action principles in recruiting, selection, and retention.
   •     Report the Department’s progress in affirmative action as requested by the Governor, Legislature
         or the Commissioner of Minnesota Management and Budget (“MMB”).
   •     Promote and foster a positive nondiscriminatory climate and a work environment in which all
         employees are valued and respected in accordance with the Department’s values and policies.
   •     Encourage and articulate a positive climate throughout the Department concerning the goals of
         the Plan, EEO and diversity programs.
   •     Ensure that division directors understand their work performance is evaluated based on their
         Plan efforts and results, in conjunction with other managerial responsibilities.

Accountability

The Commissioner is accountable directly to the Governor and indirectly to the Commissioner of MMB
for affirmative action matters.

Name of individual(s) responsible

1. Name: Ramona Dohman                                Email: dps.commissioners@state.mn.us

 Title: Commissioner of the Department of             Phone: 651-201-7160
        Public Safety
DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 6
B. Affirmative Action Officer
Responsibilities
The Affirmative Action Officer is directly responsible for developing, coordinating, and monitoring the
Department’s Plan and overseeing the Department’s compliance with equal opportunity and
affirmative action laws.

Duties

The duties of the Affirmative Action Officer shall include, but are not limited to, the following:

   •     Develop and administer the Department’s Affirmative Action Plan.
   •     Develop and set Department-wide affirmative action hiring goals.
   •     Monitor Department compliance and fulfill all affirmative action reporting requirements.
   •     Disseminate the Plan to employees in the Department.
   •     Inform the Commissioner or Commissioner’s delegate on progress in affirmative action and
         equal opportunity and report potential concerns.
   •     Determine the need for affirmative action training within the Department and initiate the
         development of such training programs with the assistance of internal and external resources,
         as necessary.
   •     Review and recommend changes in policies, procedures, programs and physical
         accommodations to facilitate affirmative action and equal opportunity.
   •     Participate in and/or develop strategies to recruit individuals in protected groups for
         employment, promotion, and training opportunities.
   •     Support the recruitment of protected class persons for employment, promotion and training
         opportunities.
   •     Manage the Department’s pre-hire review process.
   •     Review requests for non-affirmative non-justified hires in the Monitoring the Hiring process and
         refer unresolved issues to the Commissioner for final decision.
   •     Provide consultation, technical guidance, and/or training to directors, managers, supervisors,
         and staff regarding best practices in recruitment, selection, and retention, progress on hiring
         goals, reasonable accommodations, and other opportunities for improvement.
   •     Oversee the administration of the Americans with Disabilities Act Title I and Title II.
   •     Receive requests for ADA accommodations and work with appropriate supervisors, unions, etc.
         to approve or deny the request, or provide alternative accommodations.
   •     Maintain records of requests for reasonable accommodations.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 7
Accountability

The Affirmative Action Officer is accountable to the Commissioner.

Name of individual(s) responsible

1. Name: Lynn Mueller                                 Email: lynn.mueller@state.mn.us

 Title: Director of Internal Affairs/Affirmative      Phone: 651-201-7173
        Action

C. Human Resources Director
Responsibilities
The Human Resources Director is responsible for ensuring equitable and uniform administration of all
personnel policies, including taking action to remove barriers to equal employment opportunity within
the Department.

Duties

The duties of the Human Resources Director shall include, but are not limited to, the following:

   •     Maintain effective working relationships with Department affirmative action officers and
         designees.
   •     Provide leadership to Human Resources staff and others to ensure personnel decision-making
         processes adhere to equal opportunity and affirmative action principles.
   •     Provide guidance in the development and utilization of selection criteria to ensure they are
         objective, uniform, and job related.
   •     Assist in recruitment and retention of protected class persons and notify managers and
         supervisors of existing disparities.
   •     Ensure the pre-hire review process is utilized and receives support from Directors, managers,
         and supervisors.
   •     Include the Affirmative Action Officer in the decision-making process regarding personnel
         actions involving protected group members, including hiring, promotion, disciplinary actions,
         reallocation, transfer, termination, and Department and Division-wide classification studies;
         Initiate and report on program objectives contained in the affirmative action plan related to
         Human Resources.
   •     Assist supervisors, managers and the Affirmative Action Officer in affirmative recruitment of
         protected group members through career and job fairs and other recruitment efforts, as well as
         in selection and retention of protected group members.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 8
•   Request recruitment assistance from MMB’s Statewide Director of Diversity Recruitment and
       Retention in the diversity recruitment and retention of protected group members in hard to fill
       or executive level positions.
   •   Include responsibility statements for affirmative action/equal employment opportunity in
       position descriptions and annual performance objectives.
   •   Make available to the Affirmative Action Officer and Americans with Disabilities Act Coordinator
       all records and data necessary to perform duties related to equal opportunity and affirmative
       action.
   •   Review classifications, qualification requirements, and procedures in order to eliminate
       selection factors that have no significant relationship to job performance.
   •   Maintain records that will enable the analysis of all portions of the selection process.
   •   Maintain retirement-eligible information and communicate it to Division Directors to ensure
       appropriate succession and workforce planning.
   •   Assist management and supervisors to determine appropriate action with regards to violations
       of Departmental policies, including complaints of discrimination and harassment.

Accountability

Human Resources staff are accountable to the Human Resource Director. The Human Resource
Director is accountable to the Commissioner.

Name of individual(s) responsible

1. Name: Yvonne Shorts Lind                              Email: yvonne.shorts-lind@state.mn.us

 Title: Director of Human Resources                      Phone: 651-201-7382

D. Americans with Disabilities Act Title I and II Coordinator
Responsibilities
The Americans with Disabilities Act Coordinator is responsible for the oversight of the Department’s
compliance with the Americans with Disabilities Act Title I – Employment and Title II – Public Services,
in accordance with the Americans with Disabilities Act, as amended, the Minnesota Human Rights Act,
and Executive Order 96-09.

Duties:

The duties of the ADA Title I Coordinator shall include, but are not limited to, the following:

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 9
•     Provide training, technical guidance, and consultation to Department management and staff on
         compliance and best practices with regard to hiring and retention of individuals with disabilities
         as well as the provision of reasonable accommodations to employees and job applicants.
   •     Provide training, technical guidance, and consultation to the Department’s management and
         staff on compliance and best practices with regards and obligations to members of the public
         with disabilities as well as the provision of reasonable modifications to visitors.
   •     Report reasonable accommodations annually to MMB.
   •     Submit reasonable accommodation reimbursement under the guidelines of the statewide
         accommodation fund.

Accountability:

The ADA Coordinator is accountable to the Commissioner.

Name of individual(s) responsible

1. Name: Lynn Mueller                                  Email: lynn.mueller@state.mn.us

 Title: Director of Internal Affairs/Affirmative       Phone: 651-201-7173
        Action

E. Directors, Managers, and Supervisors
Responsibilities
   •     Directors, managers, and supervisors are responsible for implementation of equal opportunity
         and affirmative action within their respective areas of supervision and for compliance with the
         Department’s affirmative action programs and policies to ensure fair and equal treatment of all
         employees and applicants.

Duties

The duties of directors, managers, and supervisors shall include, but are not limited to, the following:

   •     Assist the Affirmative Action Officer in identifying problem areas and eliminate barriers that
         inhibit equal employment opportunity within their units and the Department.
   •     Communicate the Department’s affirmative action-related policies to assigned staff.
   •     Maintain a consistent standard within the workforce so that employees are evaluated,
         recognized, developed, and rewarded on a fair and equitable basis.
   •     Include responsibility statements for supporting affirmative action, equal opportunity, diversity,
         and/or cultural responsiveness in staff position descriptions and annual objectives.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 10
•   Select candidates for new positions or promotional opportunities on the basis of training,
       experience, the Department’s affirmative action goals, and in accordance with the
       Department’s Pre-Hire Review procedure.
   •   Submit to the Director of Internal Affairs/Affirmative Action written documentation of the
       reason(s) for non-selection of a protected group candidate for a position where a disparity
       exists.
   •   Refer complaints of discrimination and harassment to the appropriate parties.
   •   Demonstrate and practice a discrimination and harassment free work environment for all
       employees.

Accountability

Directors, managers, and supervisors are accountable directly to their designated supervisor and
indirectly to the Department’s Commissioner.

F. All Employees
Responsibilities
All employees are responsible for conducting themselves in accordance with the Department’s equal
opportunity and affirmative action policies and this Plan.

Duties:

The duties of all employees shall include, but are not limited, to the following:

   •   Exhibit an attitude of respect, courtesy and cooperation towards fellow employees and the
       public.
   •   Refrain from any actions that would adversely affect individuals or groups on the basis of their
       race, sex, color, creed, religion, age, national origin, disability, marital status, familial status,
       status with regard to public assistance, sexual orientation, gender identity, gender expression,
       or membership or activity in a local human rights commission.

   •   Employees who believe they have been subjected to such discrimination or harassment are
       encouraged to inform a supervisor or to use the Department’s complaint procedure.

Accountability:

Employees are accountable to their designated supervisor and indirectly to the Department’s
Commissioner.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 11
Communication of the Affirmative Action Plan
The following information describes the methods that the Department takes to communicate the
Affirmative Action Plan to employees and the general public:

Internal Methods of Communication
   •   The Commissioner’s Statement of Commitment will be sent annually to all employees via email,
       with directions for supervisors to make the information available to staff without email access.
       The email will also notify employees that the 2018-2020 Affirmative Action Plan is complete
       and provide directions on viewing the Plan or obtaining a paper copy.
   •   The Director of Internal Affairs/Affirmative Action will distribute the Plan to the Human
       Resources Office and the Division Directors with directions detailing their responsibility to
       support and implement the Plan. Each Division Director is responsible for ensuring that
       employees know where they can view or obtain a copy of the Plan.
   •   The Department’s Affirmative Action Plan is available to all employees on the Department’s
       internal website or in print copy to anyone who requests it. As requested, the Department will
       make the plan available in alternative formats.
   •   A physical copy of the Department’s Affirmative Action Plan will be available to employees at
       the following address:
                                    Minnesota Department of Public Safety
                                             Human Resources
                                       445 Minnesota Street, Suite 135
                                            St. Paul, MN 55101

   •   Nondiscrimination and equal opportunity statements and posters are prominently displayed
       and available in areas frequented and accessible to employees.

External Methods of Communication
   •   The Department’s Affirmative Action Plan is available on the Department’s public website or in
       print copy to anyone who requests it. As requested, the Department will make the plan
       available in alternative formats.
   •   The Department’s letterhead, and all job postings will include the statement “Equal
       Opportunity Employer.”
   •   Nondiscrimination and equal opportunity statements and posters are prominently displayed
       and available in areas frequented by and accessible to members of the public. Examples of
       posters displayed include: Equal Employment Opportunity is the Law, Employee Rights under
       the Fair Labor Standards Act, and the Americans with Disabilities Act Notice to the Public.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 12
•   A physical copy of the Department’s Affirmative Action Plan will be available to contractors,
       vendors, and members of the public at the following address:
                                    Minnesota Department of Public Safety
                                             Human Resources
                                       445 Minnesota Street, Suite 135
                                            St. Paul, MN 55101

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 13
Underutilization Analysis and Affirmative Action Goals
    Through the utilization analysis, the Department has determined which job categories are underutilized
    for women, minorities, and individuals with disabilities within the Department and has set the following
    hiring goals for the next two years (Reference Table 2).

                      Table 2. Underutilization Analysis and Hiring Goals for 2018-2020
    The second, third, and fourth columns of this chart show the number of underutilized individuals of
    each group in each category at this Department. The fifth, sixth, and seventh columns show the
    Department’s hiring goals for each group in each category.

                               Underutilization - # of Individuals             Hiring Goals for 2018-2020

                                                         Individuals                                Individuals
                                        Racial/Ethnic                               Racial/Ethnic
    Job Categories          Women                           with        Women                          with
                                         Minorities                                  Minorities
                                                         Disabilities                               Disabilities

Officials/Administrators        -             -               -            -              -                 -

Professionals                   -             -               2            -              -                 2

Protected Services:
                               5              -               4            5              -                 1
Sworn

Protected Services:
                               5              1               -            5              1                 -
Non-sworn

Administrative Support          -             -               -            -              -                 -

Technicians                    3              1               -            3              1                 -

Service Maintenance             -             -               -            -              -                 -

    DEPARTMENT OF PUBLIC SAFETY
    2018-2020 AFFIRMATIVE ACTION PLAN
    PAGE 14
Availability:
The Department determined the recruitment area to be statewide for all job categories. In conducting
its underutilization analysis, the Department used a two-factor analysis. The Department decided to
use this type of analysis based on its determination that it most accurately represents its hiring
process. For many of the Department’s positions, the initial hire is made from an external source. But
for movement within the Department (e.g. transfers or promotions), the most common pool of
candidates is from internal sources. Therefore, it is appropriate to consider both internal and external
factors when determining the availability of protected candidates in each job category.

The Department generates monthly reports on hiring, separation, and utilization of protected
individuals by EEO-4 job category. To remain consistent, the Department generated yearly reports
based on the same criteria used in the monthly reports to conduct the Plan’s workforce analyses. As in
the past, the Department continues to manually separate the Protective Services category into two
categories: Protective Services: Sworn and Protective Services: Non-Sworn.

Unlike past Plans, the Department did not use the 2010 Minnesota Statewide Labor Force Availability
rates. The Department made this change due to the number of jobs that are misclassified in the State-
wide SEMA4 system. The Department recognizes that minor misclassifications within the job categories
are not significant. However, the Department conservatively estimates that approximately 30% of its
workforce is misclassified. As such, 2010 Minnesota Statewide Labor Force Availability rates is not the
best source to analyze whether the Department is underutilized.

For example, the Department’s Deputy State Fire Marshals are assigned to the Professional job
category. According to the 2010 Minnesota Statewide Labor Force Availability, which is created by the
U.S. Census Bureau based on its State and Local Government Job Groups data, the Professionals
category has an availability rate of 55.7% for women. To calculate this availability rate, the U.S. Census
must gather occupational data based on the number of women available to perform certain jobs
classified as “professional.” The classifications stem from the Bureau of Labor Statistics’ Standard
Occupational Classification system (“SOC”) and includes jobs like doctor, psychologist, lawyer, and
airline pilot. Problematically, the SOC system classifies positions like Deputy State Fire Marshal in the
Protective Services category, and not in the Professional category.

When the Department applies the availability rate for Professionals to misclassified positions, like the
Deputy State Fire Marshal position, the Department is not comparing similar data. Rather, the
Department is considering how many female Deputy State Fire Marshal employees should be in its
workforce by using the availability rate generated by considering how many women were available for
positions like doctor, psychologist, lawyer, and airline pilot. This problem is compounded when there
are multiple misclassification within a single job category.

In order to compare similar data, the Department used MMB’s instructions on extracting information
from the EEO Tabulation 2006-2010 (5-year ACS data) to determine availability rates for specific jobs
within each job category and averaging those rates. In the Professionals category, the Department
determined that five specific job titles represented a majority of the workforce in that category. One of
the five job titles is Deputy State Fire Marshal. The Department then used occupational census data for
DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 15
occupations related to fire inspection and fire safety to determine the availability rate (e.g., 13.6% for
women). This process continued until the Department had five availability rates for each of the specific
job positions. These five rates were averaged together to create a single availability rate for women
(30.78%) that was used to determine underutilization in the Professionals category. This process was
repeated for all EEO-4 categories for women and minorities. For availability rates of individuals with
disabilities, the Department continues to apply the 7% rate.

The Department’s Underutilization Analysis worksheets are attached in the appendix. Numbers less
than 10 are indicated with “
employees in the 2016-2018 Plan year. Women currently represent 34.42% of the employee
population. Using specific jobs to calculate the availability rate for this group affected utilization rates.
But due to the misclassifications in this category, the Department believes the averaged availability
rate it used to determine underutilization is appropriate because it more accurately reflects its
workforce. The averaged availability rate reflects both the lack of availability of women in one position
(State Patrol Capitol Security Guards) and the higher availability of women in the other position in this
category (Driver and Vehicle Services Exam and Inspection Specialists), which is misclassified in this
category. In its 2016-2018 Plan, the Department set a goal of adding
[REDACTED]% in the previous plan year. No goal was set in the prior Plan because there was no
underutilization in this job category. Because the Department is not currently underutilized, no goal
has been set for the current Plan year.

The Department improved in the Professionals job category. This job category has seen an increase in
its total population of employees, as well as an increase in its population of minority employees. There
are 452 total employees as compared to 397 in the 2016-2018 Plan year. Minority employees currently
represent 8.41% of the total employee population, compared to 7.81% in the previous plan year. In the
2016-2018 Plan, the Department set a goal of hiring
The Department improved in the Technicians job category. Currently, this job category has a total
number of 164 employees, as compared to 161 in the 2016-2018 Plan year. Minority employees
currently represent [REDACTED]% of the total employee population. Using specific jobs to calculate the
averaged availability rate for this group resulted in a lower utilization rate for minorities. But due to the
misclassifications in this category, the Department believes the averaged availability rate is
appropriate. It more accurately reflects the available workforce that has the knowledge, the
education/experience, and skills to perform the positions currently in the category. The averaged
underutilization rate indicated that the Department remains underutilized. The Department set a goal
of hiring
availability, the hiring goal will be set at one. The Department will increase its efforts to provide
training regarding the definition of a disability under the ADA. Additionally, the Department will
provide all employees with reminders to self-identify as a way of recognizing the diversity that likely
already exists in this job category.

The Department stayed the same in the Protective Services: Non-Sworn job category. Currently, there
are a total of 215 employees in this category, as compared to 197 in the 2016-2018 Plan year.
Individuals with disabilities represent 11.63% of employees in this job category. No goal was set in the
previous Plan because the Department was not underutilized. The availability analysis again revealed
there is no underutilization in this job category, so no goal has been set for the 2018-2020 Plan year.

The Department is not underutilized in the Administrative Support job category. This job category has
a total of 485 employees, as compared to 450 employees in the 2016-2018 Plan year. Individuals with
disabilities represent 11.34% of the total employee population. No goal was set in the prior Plan
because there was no underutilization in this job category. Because the Department is not currently
underutilized, no goal has been set for the current Plan year.

The Department remained the same in the Service Maintenance job category. This job category has a
total population of 12 employees, as compared to 14 in the 2016-2018 Plan year. Individuals with
disabilities represent [REDACTED]% of employees in this category. Like the prior Plan year, the
Department is not underutilized in this category, and it has not set a hiring goal.

The Department improved in the Technicians job category. This job category has a total population of
164 employees, as compared to 161 in the 2016-2018 Plan year. Individuals with disabilities represent
6.71% of the employee population. This is a slight increase over 6.21% in the prior Plan year. The
Department set a goal of hiring
Separation and Retention Analysis by Protected Groups
The Department is committed to the retention of all employees, including members of the following
protected groups: women, racial/ethnic minorities, and individuals with disabilities. The Department
will strive to affirmatively ensure equal employment opportunity by retaining a diverse composite of
talented and qualified employees, with emphasis on under-represented individuals. To be successful,
the responsibility for these retention efforts lies with all employees. The Department’s retention
strategy is a multi-faceted approach, guided by Department leadership, Human Resources Director,
and Affirmative Action Officer.

Table 2 Person's Responsible for Department Retention Programs/Activities
                       Title                                     Contact Information
 Human Resources Staffing Director Patti            651-201-7378, patricia.bennett@state.mn.us
 Bennett

The Department will continue to analyze and review separation data for disparate impact on protected
group employees. This will include reviewing non-certification trends, layoff trends, resignation trends,
and disciplinary discharges. The appendix will include a separation report broken down by EEO-4 job
category. Below is a snapshot of the Department separations throughout the past two years as well as
a narrative describing the separation analysis:

Table 3 Type of Separation
                                                                                            Percent of
 Type of Separation         Total          Total   Percentage of Percentage of
                                                                                            Individuals
    FY2017-2018            Number       Percentage    Women       Minorities
                                                                                           w/Disabilities
                         23             7.96%         43.48%            39.13%            REDACTED
Dismissals/Non
Certification
                         135            46.71%        56.30%            23.70%            7.41%
Resignations
                         123            42.56%        53.66%            REDACTED          9.76%
Retirement
higher due to the nature of the Department’s workforce in the Protective Services: Sworn job category
and the Administrative Support job category.

Approximately 39% of the Department’s workforce is in the Protective Services: Sworn job category,
which is predominately male (89.9%). Because this category requires specialized training and the job
benefits prompt career longevity, employees in this category seldom separate through resignations
and dismissals/non-certifications. Instead, they separate primarily through retirement. These factors
contribute to the appearance that separations through resignations and dismissals/non-certifications
disproportionately affect females. Conversely, the Department’s Administrative Support job category is
predominately female (82.68%). While some positions are specialized, this category also includes many
entry-level positions where separations are more common due to the nature of the work and the
transferability of skills. These separations contribute to a slightly higher proportion of women
separating through resignations and dismissals/non-certifications as compared to their total
population size when considering agency-wide data.

Minorities
As compared to data from the 2016-2018 Affirmative Action Plan, the Department has improved in
hiring and retaining minority employees. In 2016, minorities represented 9.19% of the total
Department workforce and the separation rate was 17.6%. In the present Plan year, minorities
represent 11.38% of the total Department workforce and the separation rate is 15.57%.

Additional analysis of the current separation rates show that the majority of resignations occur in the
Administrative Support and Protective Services: Non-Sworn categories. Minority employees represent
21.44% of employees in the Administrative Support job category and 15.35% of the Protective Services:
Non-Sworn job category. Both job categories have high proportions of entry-level positions and,
historically, the Department experiences higher turnover in entry-level positions. In the upcoming Plan
year, the Department, through the Affirmative Action Officer, will continue to monitor this data. If
trends or patterns emerge, the Affirmative Action Officer will address it by conducting a more detailed
review of data and of any other relevant information, such as exit interviews.

Individuals with Disabilities
Individuals with Disabilities represent approximately 6.42% of the total Department workforce. The
Department saw a total of 289 separations between FY 2017 and FY 2018. Individuals with disabilities
were 8.30% of all separations. This number is an increase as the separation rate was 7.42% in the
previous Plan year.

The Department had a total of 24 individuals with disabilities separate employment in FY 2017 and FY
2018 (through May). Twelve of these 24 separations were retirements, which reflects positively on
retention of employees with disabilities. The Department is aware that separations through
retirements will impact its overall workforce totals and the need to continue recruitment and selection
of individuals with disabilities to maintain a diverse workforce. The remaining twelve separations equal
4.1% of all separations within the Department. Because this rate of separation is less than the total
workforce of individuals with disabilities (6.42%) and because these separations occurred equally over
DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 22
the two years and within all of the job categories, the Department is not disproportionately separating
individuals with disabilities.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 23
Program Objectives, Identified Barriers, and Corrective Action to
Eliminate Barriers
The Department’s Affirmative Action Program is designed to implement the provisions of this
Affirmative Action Plan and meet requirements found in Minn. Stat. § 43A.191.

List job category name Percent of Protected   Percent Protected                 Percent Protected
                         Class in category  Class hired in category             Class separated in
                                                                                     category
 Professionals -
 Individuals with                   5.8%                      9.6%                     18.3%
 Disabilities

 Protective Services:
 Sworn - Women                      10.2%                    13.4%                 [REDACTED]%

 Protective Services:
 Sworn – Individuals            [REDACTED]%              [REDACTED]%               [REDACTED]%
 with Disabilities

 Protective Services:
 Non-Sworn - Women                  34.4%                    36.7%                     27.9%

 Protective Services:
 Non-Sworn - Minority               15.4%                    16.5%                 [REDACTED]%

 Technicians - Women
                                    43.9%                    54.2%                     56.3%

 Technicians - Minority
                                [REDACTED]%              [REDACTED]%               [REDACTED]%

Objective 1: To increase the number of qualified females in the Protective Services: Sworn job
category to eliminate the current underutilization.

Action: Continue implementing the Law Enforcement Training Opportunity (“LETO”) program.

Through the LETO program, diverse applicants are able to obtain the educational training sufficient to
meet Peace Officer Standards and Training (“POST”) licensing requirements. LETO participants
complete these prerequisite education requirements by attending classes from October through
December, and they are compensated for their time. Then, in January, the LETO participants continue
their training by participating in the Training Academy, which is required for all state troopers. The

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 24
guaranteed funding authorized by Chapter 189, Article 4, Section 7 (d) of the 2016 Session Laws for
fiscal years 2018 and 2019 will allow for continued recruitment and hiring of women.

Past/Future Evaluation of Program Objective 1: This program objective was included in the
Department’s 2016-2018 Affirmative Action Plan, and the Department was successful in meeting its
hiring goals, in part, because of it. For the upcoming Plan year, this objective will be evaluated at
multiple steps in the recruitment, hiring, and training processes to determine if efforts to meet this
objective are sufficient. It will also include a review of data collected from the program’s inception in
2009.

Target Completion Date: May 31, 2019 (Graduation for all new State Troopers)

Responsible Person(s): The State Patrol/State Patrol Recruiter/Affirmative Action Officer

Objective 2: To increase the number of employees who self-identify as a qualified individual with a
disability in the Protective Services: Sworn and the Professionals job category and to encourage self-
identification among all employees.

Action: The Department has 228 employees who have declined to identify their status with respect to
disability. Of these 228 employees, approximately 105 employees are in either the Protected Services:
Sworn or the Professional job category. The Department recognizes that employees may not self-
identify at the time of hire for a variety of reasons, including fear of discrimination or different
treatment based on their response. To educate and to encourage self-identification, the Department
will consult with union leaders and conduct focus groups to determine barriers to self-identification.
Additionally, the Department will send yearly emails requesting all employees to update or enter their
status. The emails will define a disability, explain how data is confidential, and describe the process for
seeking an accommodation.

Past/Future Evaluation of Program Objective 2: This program objective is new. Success will be
measured by reviewing data to determine whether more individuals within the Protective Services:
Sworn and the Professionals job category have indicated their status and, potentially, through
increased reporting in other job categories.

Target Completion Date: September 2018 and September 2019

Responsible Person(s): ADA Coordinator

Objective 3: To support and retain qualified individuals with disabilities in the Protective Services:
Sworn and Professionals job category to eliminate or reduce the current underutilization.

Action: During New Employee Orientation, the Department will develop and conduct training to
educate employees about the accommodation process and to encourage employees to utilize these
services. Training will include a component on bias and misunderstandings about disability. For
employees in the Professionals category, this training will occur during the Department-wide new
employee orientation. For most employees in the Protected Services: Sworn category, this training will

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 25
be conducted in the Training Academy setting, so the training will specifically address disability,
accommodations, and bias in the context of law enforcement.

Past/Future Evaluation of Program Objective 3: This program objective builds on an objective found in
Department’s 2016-2018 Affirmative Action Plan. The prior objective stated that the ADA Coordinator
will notify employees of their right to request accommodations during new employee orientation. This
information was determined to be helpful to employees, but insufficient to address the bias that
comes with respect to disability in certain professions. For the upcoming year, this objective will be
measured through employee evaluations and by monitoring ADA requests quarterly to determine
whether training increases accommodation requests from the targeted groups.

Target Completion Date: On-going, All New Employee Orientation Sessions

Responsible Person(s): ADA Coordinator

Objective 4: To recruit qualified women and minorities into positions classified as Protective
Services: Non-Sworn in order to eliminate the underutilization through hiring.

Action: The Department will increase recruitment efforts to attract qualified female and minority
individuals into State Patrol Capitol Security Guard positions and Driver and Vehicle Services Exam and
Inspection Specialist positions. Recruitment efforts for the Capitol Security Guard positions will include
State Patrol and/or Recruiter’s presence at some of the following events: Rondo Days Parade and Fair
(Focus of African American Community), Cinco De Mayo Parade and Fair (Focus of Latino Community,
Martin Luther King Jr. Diversity Career Fair, Diversity Job & Internship Fair at St. Cloud State University,
Leech Lake Tribal College Career Fair. Somali Independence Day Festival (Minneapolis). Recruitment
efforts for the Driver and Vehicle Services (“DVS”) Exam and Inspection Specialist positions will include
recruitment at the following events: State Career Fair and the Martin Luther King Jr. Diversity Career
Fair. The Department, through DPS supervisors in coordination with Human Resources, will also
encourage women and minority individuals working within DVS to apply for promotional opportunities
as Exam and Inspection Specialists.

Past/Future Evaluation of Program Objective 4: This objective is both old and new. With respect to the
Capitol Security Guard positions, the Department has used these avenues to generate interest in State
Patrol positions. With respect to the Exam and Inspection Specialist positions, these are new efforts
targeted to recruit women and minority individuals into a specific position within a specific job
category. For the upcoming year, this objective will be measured through participation in events, as
well as by reviewing the pools of applicants for each hiring process to determine whether women and
minority individuals are proportionally represented throughout the hiring process. If women and
minority individuals are underrepresented in the hiring process despite recruitment efforts in FY2019,
the Affirmative Action Officer will revise the program objectives to increase recruitment efforts or to
undertake additional, different efforts to address the underutilization.

Target Completion Date: June 2020.

Responsible Person(s): Affirmative Action Officer (Monitoring the Hiring Process)/Human Resources
and State Patrol Recruiter (Recruitment Events)
DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 26
Objective 5: To recruit qualified women and minorities into positions classified as Technicians in
order to eliminate the underutilization through hiring.

Action: Approximately one-third of the positions within the Technicians groups are Radio
Communications Operators (“RCOs”), who dispatch for the State Patrol. This position requires
individuals with the ability to operate calmly and professionally under stress. Within the Department,
two other entry-level positions require this unique skill: Customer Service Specialist Intermediate
(“CSSI”) in Driver and Vehicle Services Public Information Center and State Patrol Capitol Security
Guards. Historically, the Department has been successful in hiring women into the CSSI position and
minorities into the Capitol Security Guard position. However, these positions are entry-level positions
with lower pay, and DPS experiences higher rates of separation in entry-level position. Conversely, the
RCO position is higher paid, and DPS experiences a lower rate of separation for this position. Rather
than conduct separate recruitment for RCO positions, it is the Department’s objective to develop a
pipeline of applicants from these entry-level positions that have higher rates of women and minority
applicants. To accomplish this objective, the Department will conduct an assessment to determine the
best methods to develop this pipeline. Following the assessment, the Department will implement the
steps needed to implement this pipeline.

Past/Future Evaluation of Program Objective 5: This is a new objective for the Department. The
Department will conduct the assessment by March 2019, with a goal of implementing the final pipeline
by May 2019. The Department will assess the success of this objective by analyzing hiring data in
December 2019 and June of 2020 to determine whether the pipeline program is effective in recruiting
CSSI and Capitol Security Guards into the RCO position.

Target Completion Date: June 2020.

Responsible Person(s): Affirmative Action Officer with the support of supervisors from Driver and
Vehicle Services and State Patrol.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 27
Methods of Auditing, Evaluating, and Reporting Program Success
Pre-Employment Review Procedure/Monitoring the Hiring Process
The Department will evaluate its selection process to determine if its requirements unnecessarily
screen out a disproportionate number of women, minorities, individuals with disabilities, or veterans.
Directors, managers, and supervisors will work closely with Human Resources and the Affirmative
Action Officer in reviewing the requirements for the position, posting the position, and interviewing
and selection to ensure that equal opportunity and affirmative action is carried out. Directors,
managers, and supervisors will be asked to document their hiring decisions and equal opportunity
professionals will review for bias.

As part of the Department’s process, the Director of Internal Affairs/Affirmative Action monitors all the
Unlimited Classified hires and the Non-Competitive Qualifying hires in job groups where a disparity
exists using the State of Minnesota Monitoring the Hiring Process form. Under the state rules
governing the statewide affirmative action program, this evaluation requires the Affirmative Action
Officer to conduct a pre-employment review of all hiring decisions for occupational categories with
unmet affirmative action goals. This procedure is followed when there is an underutilization in the job
class and a preferred candidate is not a protected group member (e.g. female, minority, or person with
a disability) that would address the underutilization and there are protected group applicants who met
the minimum qualifications. Any time the Department cannot justify a hire, the Department takes a
missed opportunity. Department leadership will be asked to authorize the missed opportunity. The
Department will report the number of affirmative and non-affirmative hires as well as missed
opportunities to Minnesota Management and Budget on a quarterly basis.

The Director of Internal Affairs/Affirmative Action reviews all hiring recommendations for vacancies
filled from an eligible list containing interested protected group members. Hiring supervisors are
informed that they are filling a vacancy in a position for which affirmative action goals have not been
met. The Department has a consistent process for informing hiring supervisors of their responsibilities
that is articulated in its Pre-Hire Review Procedure. Under this procedure, Human Resources is
responsible for notifying the hiring supervisor that there is an underutilization and that affirmative
action goals have not been met for one or more protected group(s) and that member(s) of those
group(s) are on the eligible list. Human Resources also informs the hiring supervisor that there are
protected group candidates in the applicant pool and they must obtain approval from the Affirmative
Action Officer if they do not select a protected group applicant. Through this process, Hiring
supervisors are made aware that there are protected group members on the eligible list and that they
must have approval from the Internal Affairs/Affirmative Action Director prior to making an offer of
employment.

When candidates are invited to participate in the selection process, employees scheduling the
selection process will describe the process format to the candidate (e.g., interview process, testing
process). All candidates will be provided information regarding the procedure to request reasonable
accommodations if necessary to allow candidates with disabilities equal opportunity to participate in
the selection process.

DEPARTMENT OF PUBLIC SAFETY
2018-2020 AFFIRMATIVE ACTION PLAN
PAGE 28
You can also read